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James Bunch, Jr. v. William Carroll, 11-7614 (2012)

Court: Court of Appeals for the Fourth Circuit Number: 11-7614 Visitors: 30
Filed: Mar. 30, 2012
Latest Update: Feb. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-7614 JAMES A.G. BUNCH, JR., Petitioner – Appellant, v. SUPERINTENDENT WILLIAM B. CARROLL; ALVIN KELLER, Respondents - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, Chief District Judge. (5:10-hc-02181-D) Submitted: March 19, 2012 Decided: March 30, 2012 Before AGEE, KEENAN, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opi
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                              UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT


                              No. 11-7614


JAMES A.G. BUNCH, JR.,

                Petitioner – Appellant,

          v.

SUPERINTENDENT WILLIAM B. CARROLL; ALVIN KELLER,

                Respondents - Appellees.



Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.  James C. Dever III,
Chief District Judge. (5:10-hc-02181-D)


Submitted:   March 19, 2012                 Decided:   March 30, 2012


Before AGEE, KEENAN, and FLOYD, Circuit Judges.


Dismissed by unpublished per curiam opinion.


James A.G. Bunch, Jr., Appellant Pro Se. Clarence Joe DelForge,
III, Assistant Attorney General, Raleigh, North Carolina, for
Appellee.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

            James A.G. Bunch, Jr., seeks to appeal the district

court’s    order     denying     relief    on    his   28    U.S.C.      § 2254    (2006)

petition.     The order is not appealable unless a circuit justice

or judge issues a certificate of appealability.                          See 28 U.S.C.

§ 2253(c)(1)(A) (2006).           A certificate of appealability will not

issue     absent     “a     substantial     showing         of    the    denial    of    a

constitutional right.”           28 U.S.C. § 2253(c)(2) (2006).                When the

district court denies relief on the merits, a prisoner satisfies

this    standard     by    demonstrating        that   reasonable        jurists    would

find that the district court’s assessment of the constitutional

claims is debatable or wrong.              Slack v. McDaniel, 
529 U.S. 473
,

484    (2000);     see    Miller-El   v.   Cockrell,        
537 U.S. 322
,    336-38

(2003).     When the district court denies relief on procedural

grounds, the prisoner must demonstrate both that the dispositive

procedural ruling is debatable, and that the petition states a

debatable claim of the denial of a constitutional right.                           
Slack, 529 U.S. at 484-85
.

            We have independently reviewed the record and conclude

that Bunch has not made the requisite showing.                          Accordingly, we

deny a certificate of appealability and dismiss the appeal.                             We

dispense     with        oral   argument    because         the    facts    and    legal




                                           2
contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

                                                           DISMISSED




                                3

Source:  CourtListener

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